Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48 CFR 216.405-2-70 216.405–2–70 Award fee reduction or denial for jeopardizing the health or safety of Government personnel

(a) Definitions.

Covered incident and serious bodily injury, as used in this section, are defined in the clause at 252.216–7004, Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.

(b) The contracting officer shall include in the evaluation criteria of any award-fee plan, a review of contractor and subcontractor actions that jeopardized the health or safety of Government personnel, through gross negligence or reckless disregard for the safety of such personnel, as determined through—

(c) In evaluating the contractor's performance under a contract that includes the clause at 252.216–7004, Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel, the contracting officer shall consider reducing or denying award fees for a period if contractor or subcontractor actions cause serious bodily injury or death of civilian or military Government personnel during such period. The contracting officer's evaluation also shall consider recovering all or part of award fees previously paid for such period.